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LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LEGAL TERMS

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

In Docket No. 272767, respondent Camille A. Kent appeals as of right the probate court's judgment
and order following a bench trial, interpreting a will and trust, determining heirs and
devisees, and determining title to property after decedent Juanita Kostin's death in 2004. ...

During her lifetime, the decedent owned a certain parcel of residential real property located at
1170 Chesterfield in Birmingham, Michigan (the property). In 1982, the decedent properly transferred
ownership of the property to the trust. According to the complaint filed in this matter, the ...